NHRC seeks report from government on its stand on generic medicines

The Commission has called for reports on the matter within two weeks from the secretaries of the commerce and health ministries, according to the human rights body.Prabha Raghavan | ET Bureau | Updated: April 02, 2016, 22:35 IST

New Delhi: Autonomous Indian human rights body National Human Rights Commission (NHRC) has asked the government to respond to reports that it gave verbal assurances to turn down compulsory license (CL) applications to produce generic versions of drugs patented by US firms. The assurance, if true, could restrain access to affordable life saving drugs.

Recent media reports have claimed that the government has given 'private reassurance' that the Indian Patent Office would take a more restrained approach in handing out CLs for drugs patented by American pharmaceutical companies.

The Commission has called for reports on the matter within two weeks from the secretaries of the commerce and health ministries, according to the human rights body.

"Providing an affordable healthcare system is a basic bounden duty of any Government," stated an NHRC dated April 1.

At least two applications for CLs to domestically produce generic versions of cancer and diabetes drugs patented in America were reportedly rejected last year.

"NHRC has observed that the contents of the press reports, if true, raise questions impinging upon right to health of citizens in India," stated NHRC.

The government has already claimed the reports about its 'private reassurance' to the US-India Business Council (USIBC) to be "factually incorrect".

"Under the Doha Declaration on the TRIPS Agreement Public Health, each member has the right to grant compulsory licenses and the freedom to determine the grounds upon which such licenses are granted," said the commerce ministry in a statement on March 22.

"Even as Government of India is conscious of the need to spur innovation and protect individual rights, it retains the sovereign right to utilize the flexibilities provided in the international IPR regime," it added.

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